Re: Trademark

[P3D Marvin Jones <72657.3276@xxxxxxxxxxxxxx>]

> Marvin Jones is correct in both cases that one doesn't need
> anyones permission to utter the very name of any trademark. The only
> problem with that is that in P3D it's kind of a gray area since this is not
> strictly private conversation between two people. I am not a lawyer but if
> anybody can clarify this matter it is relevent to this group in general
> since alot of 3D stuff we use have registered trademarks. For example in
> my correspondance with Wrebbit, in regards to their 3Discover, they have
> maintained that 3Discover is registered as a trade mark. Now they also
> include (tm) after the 3Discover name in their correspondence as follows.
> 3Discover(tm). Now does that mean we will have to include (tm) after every
> View-Master, 3Discover, 3DMagic, Tru-Vue ,Realist, Tom, Dick, and Harry.

Of course it is in the best interest of a corporation to protect their
investment in a trademark, and toward that end they are, I believe, required by
law to identify the trademark as such whenever they use it--hence the (tm) after
3Discover (although in correspondence it's probably a little overkill, although
in advertising or public uses it is not). The primary concern, as we've noted,
is to keep a tradename from becoming generic, like xerox, kleenex, scotch tape
and so forth, thus eventually costing the originator his trademark status. It is
not incumbent upon anyone unrelated to the corporation to include such trademark
recognition whenever they mention the name, and of course as I said in the
original post, it is most certainly not necessary for us to request permission
(or for a legitimate trademark holder to offer permission) to speak the name in
public conversation!


------------------------------